Himachal Pradesh Court August 1972 Judgments
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The State of Himachal Pradesh and anr. Vs. H.S. Sobti and Co.
Court: Himachal Pradesh
Decided on: Aug-25-1972
Reported in: AIR1973HP1
R.S. Pathak, C.J.1. This appeal is directed against the order of our brother Chet Ram Thakur granting an Interim injunction during the pendency of an application under Section 20 of the Indian Arbitration Act.2. The respondent. M/s. H. S. Sobti and Co., had entered into a contract with the appellants, for the construction of a Girls Hostel for tbe Medical College at Simla. The respondent could not complete the work within the stipulated period as, according to him. the progress of the work was impeded. The raspondent complained that money lawfully due to him was being withheld by the appellants and tlie security of Rs. 20,000/-furnished by him hod also been forfeited. He also complained that the contract had been rescinded by tbe appellants. Accordingly, he applied under Section 20 of the Indian. Arbitration Act in this Court. While the application under Section 20 was pending, the respondent also applied for an interim Injunction under Rules 1 and 2 of Order 39 read with Sections 141 ...
The Deity Mandir Nandi Keshwar Mahadev Etc. Vs. Gram Sabha
Court: Himachal Pradesh
Decided on: Aug-17-1972
Reported in: AIR1973HP2
ORDERD.B. Lal, J.1. This is an application in revision by the plaintiffs the Deity Temple Nandi Keshwar Mahadev and others, and they have called in question the order passed by the Additional District Judge, Kangra. whereby the injunction prayed for by them has been refused and appeal preferred by the defendants against the order of the Senior Sub-Judge Kangra, granting such injunction. has been allowed.2. The facts of the case are. that the plaintiff Deity along with others filed the suit relating inter alia, to Khasra No. 123 Min. and the allegations were that the defendants Gram Sabha as well as Deity Chamunda Devi and others, were Interfering in the possession of the plaintiffs over the disputed land. The defendants have started digging up the land and are throwing mud while overturning 'Samadhis' of Sadhu etc. who had died in plaintiffs' temple and have been buried therein. The plaintiffs claimed possession over the disputed land since times immemorial which, according to them, th...
Hari Ram Vs. Balak Ram
Court: Himachal Pradesh
Decided on: Aug-08-1972
Reported in: AIR1973HP38
ORDERR.S. Pathak, C.J.1. This and the connected petition have been made under Article 227 of the Constitution, The first respondent, Balak Ram. presented two documents of sale, which purported to have been executed by Hira. before the Sub-Registrar, Theog for registration. Hira had already died and the petitioners, who are his legal representatives, denied execution. Accordingly, on June 1, 1970 the Sub-Registrar, acting under Section 5 (3) of the Indian Registration Act. refused registration. In June, 1970. Balak Ram made two applications under Section 73 fl) of the Act before the Registrar in order to establish his right to Jiave the documents registered. An objection, was raised by the petitioners that the applications did not conform to Section 73 (2) inasmuch as they were not signed by Balak Ram and had not been verified in the manner required by law for the verification of plaints. It is contended that the defects were defects of substance and not merely formal and they could not...
Kanshi Ram Pradhan Vs. the State of Himachal Pradesh and anr.
Court: Himachal Pradesh
Decided on: Aug-08-1972
Reported in: AIR1973HP56
ORDERR.S. Pathak, C.J.1. The petitioner is Pradhan of the Gram Panchavat. Sandhu (Theog) to which office he was elected in September, 1962. It appears that on August 17, 1970, a case was registered against him for the commission of an offence under Section 379 of the Indian Penal Code. That case is pending. On September 16, 1971 the second respondent issued a notice under Rule 77 of the Himachal Pradesh, Gram Panchayat Rules, 1971 requiring the petitioner to show cause why he should not be Placed under suspension under Section '54 of the Himachal Pradesh Panchayati Rai Act. 1968. The petitioner submitted a reply dated September 30, 1971 purporting to show that he was not liable to be suspended- It seems that subsequently the second respondent issued a fresh notice dated December 16, 1971, and thereafter on February 11, 1972 hie second respondent made an order placing the petitioner under suspension under Section 54 of the Act. Aggrieved by the order of suspension, the petitioner now pr...
State Vs. Ram Singh
Court: Himachal Pradesh
Decided on: Aug-04-1972
Reported in: 1973CriLJ150
D.B. Lal, J.1. This was an appeal by Ram Singh Constable of the Treasury Guard Police Station Rohru. against the order of his conviction sentencing him to death, for the offence of murder punishable under Section 302. I.P.C. There was the usual Reference by the State for the confirmation of the death sentence. After hearing the learned Counsel and after a careful perusal of tile record, we have maintained the conviction, but have altered the sentence by reducing it to life imprisonment. We accordingly rejected the reference for confirmation of death sentence. We pronounced the judgment and proposed to give our reasons at a later date. We are now giving our reasons for the judgment which we have already pronounced.2. The prosecution case was, that Ram Singh was posted as Constable of the Treasury Guard at Police Station, Rohru. and on 17th of July. 1970, his duty hours were 9. 00 p.m. to 12.00 mid. night, one of the rooms in the premises of the Police Station was utilized for the Treasu...
Municipal Committee Vs. Gurdial Singh and ors.
Court: Himachal Pradesh
Decided on: Aug-03-1972
Reported in: AIR1973HP64
Chet Ram Thakur, J.1. In this appeal a preliminary objection has been raised by the learned counsel for the respondent that the appeal is not maintainable to this Court inasmuch as the jurisdictional value as given in the plaint is Rs. 2,975/- and according to Section 39 of the Punjab Courts Act, an appeal from a decree or order of a Sub Judge shall lie-'(a) to the District Judge--(i) where the decree or order was made before the 28th day pf June, 1963, and the value of they original suit in which the decree or order was made did not exceed five thousand rupees, or (ii) where the decree Or order is made after the 28th day of June 1963. and the value of the ordinal suit in which the decree or order is made does not exceed ten thousand rupees: and (b) to the High Court in any other case.' 2. This decree appealed against was made on 28th March, 1963, hence the appeal lay to the District Judge and not to the High Court. 3. The facts of the case briefly are that the plaintiff auctioned th...
State Vs. Lavinder Singh and anr.
Court: Himachal Pradesh
Decided on: Aug-02-1972
Reported in: 1973CriLJ1023
D.B. Lal, J.1. Lavinder Singh (28 years) has been convicted under Sections 302 and 201 of the Indian Penal Code and has been sentenced by the Sessions Judge of Simla to death under Section 302 and to undergo rigorous imprisonment of five years and to pay a fine of Rs. 5,000/-, in default to undergo further rigorous imprisonment for one year for the offence under Section 201. Ajaib Singh (31 years) another accused in the same case, has been convicted for the offence under Section 201, I. P. Code and has been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 5,000/-, in default to undergo further rigorous imprisonment for one year. Both Lavinder Singh and Ajaib Singh have preferred appeals aganist their convictions. There is also the usual reference by the State for confirmation of the death sentence. The facts leading to these convictions may now be stated.2. On 2nd June, 1970 at about 8 A.M., Krishan Dutt (P.W. 5) employed at the P.W.D. Rest House Barog...
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